court martial


Also found in: Dictionary, Thesaurus, Encyclopedia, Wikipedia.

court martial

a court held to try matters of MILITARY LAW. Made up of serving officers advised by a judge advocate, its sentences are subject to confirmation by higher military authority. There is an appeal tribunal headed up by the Lord Chief Justice.

COURT MARTIAL. A court authorized by the articles of war, for the trial of all offenders in the army or navy, for military offences. Article 64, directs that general courts martial may consist of any number of commissioned officers, from five to thirteen, inclusively; but they shall not consist of less than thirteen, where the number can be convened, without manifest injury to the service.
     2. The decision of the commanding officer who appoints the court, as to the number that can be convened without injury to the service, is conclusive. 12 Wheat. R. 19. Such a court has not jurisdiction over a citizen of the United States not employed in military service 12 John. R. 257. It has merely a limited jurisdiction, and to render its jurisdiction valid, it must appear to have acted within such jurisdiction. 3 S. & R. 590 11 Pick. R. 442; 19 John. R. 7; 1 Rawle, R. 143.
     3. A court martial must have jurisdiction over the subject matter of inquiry, and over the person for a want of these will render its judgment null, and the members of the court and the officers who execute its sentence, trespassers. 3 Cranch, 331. See 5 Wheat. 1; 12 Wheat. 19; 1 Brock. 324. Vide Gord. Dig. Laws U. S., art. 3331 to 3357; 2 Story,. L. U. S. 1000; and also the Treatises of Adye, Delafon, Hough, J. Kennedy, M. V. Kennedy, McArthur, McNaghten, Simmons and Tyler on Courts Martial; and 19 John. R, 7; 12 John. R. 257; 20 John. R. 343; 5 Wheat. R. 1; 1 U. S. Dig. tit. Courts, V.

References in periodicals archive ?
Lord Justice Holroyde said the court martial had not explained why it was thought necessary for Townshend to be sacked.
The suit is an appeal against the ruling of the Court Martial and two letters from the headquarters of the Nigerian Army, Ministry of Defence with Reference number: AHQ DOAA/GI/300/197 dated 17 November and signed by Major General F.
He remarked we have felt court martial has not been talked about in the summary.
The fact that Court Martial Appeal Court has imposed an immediate prison term on Caroline Salisbury sends out a strong message that teenagers have a right to be protected from sexual abuse.
He prayed the court to cancel trial of his client as the court had already issued decision regarding court martial.
A court martial can lead to prison time if the person is convicted.
Early this year, the general court martial convicted Special Forces Regiment Airborne Commander Colonel Almikandra Undug "guilty beyond reasonable doubt," as he committed "imprudence without inappropriate clearance from higher headquarters and violation of the chain of command" when he allowed the military scuba diving course students in actual operations on October 18, 2011.
That is a matter for the Court Martial Appeal Court, in due course.
Nightingale pleaded guilty at a court martial earlier this month to illegal possession of a 9mm Glock pistol and ammunition which were found by West Mercia Police at his Hereford accommodation.
Gapasin served in a number of positions that broadened his experience in Military Law and Court Martial Defense.
Petitioner Fonseka seeks an order from the Court to quash the decision of the 1st Court Martial finding him guilty of the impugned charges and quash the decision of the 5th Respondent Rear Admiral Fernando (DSG) to function as the judge advocate in the proceedings.
The court martial proceedings against Sahni had begun in August last year at the 11 Corps headquarters in Jalandhar, Punjab.